Many clients have a list of concerns when they are considering filing a personal bankruptcy. One of the most common questions is whether their Chapter 7 or Chapter 13 filing will negatively impact their ability to obtain future employment. The reality is that it might, but it is rare. And, if a private employer does not offer you a job based solely on your prior bankruptcy filing, you likely will not have the right to file a lawsuit against that employer.
Federal law, including the Bankruptcy Code, does not prevent discrimination by a private employer against an individual that files for bankruptcy. However, a higher burden is placed on the government limiting the use of a prior bankruptcy filing as the basis for denying employment. Thus, depending on whether you are applying for a job with a private employer or the government, whether your bankruptcy filing impacts your chances of getting hired can vary.
If you are applying for a job with a private employer, the best strategy is to be honest and disclose the fact that you filed for bankruptcy protection. If you don’t, the employer is likely to find out anyway, and it will look like you were being dishonest. By being open about it, you will have the opportunity to explain the cause of your filing such as loss of employment, divorce or medical bills. Employers understand that life can throw you a curve ball and understanding your good reason for filing a Chapter 7 or Chapter 13 can prove to them that you are not an employment risk.
If you are considering filing a personal bankruptcy and you have concerns, let us help. We can answer your questions and help you understand all of the pros and cons of your filing case.
Contact The “Milwaukee Bankruptcy Attorneys,” DeLadurantey Law Office, LLC. DeLadurantey Law Office focuses on student loan debt, Chapter 7 and 13 bankruptcy, debtor’s rights, debt negotiations, debt relief, mortgage loan modifications, and foreclosure defense. A “defender of the little guy, “DeLadurantey Law Office serves the following location – Milwaukee, South Milwaukee, West Milwaukee, Waukesha City, Waukesha Town, Kenosha, Racine, and all other municipalities in Milwaukee County, Waukesha County, Kenosha County, and Racine County. We can be contacted by phone: (414) 377-0518 and can be found on the Internet and on Facebook.